Argonaut Development Group , LLC

Terms of Service and Acceptable Use Policy

The terms of use below constitute a legal agreement between you (The Customer) and Argonaut Development Group, LLC (the Company) herein referred to as Argonaut or The Company, which provides the Computer Technology services described at ArgonautNow.com. Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company.

Acceptable Usage Policy (AUP)

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity or exercise any editorial control over customer content under normal circumstances. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Argonaut may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Argonaut account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Argonaut's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Argonauts AUP:

Ensure reliable service to our Customers.
Ensure security and privacy of our systems and network and of others.
Comply with existing Local, State, and Federal Laws.
Maintain our reputation as a responsible Technology Service Provider.
Encourage responsible use of the Internet.
Preserve the value of Internet resources used for the exchange of information.
Preserve the privacy and security of individual users.

You may not use your dedicated rack or virtual site to publish material, which Argonaut determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.

If an Argonaut account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Hosting Service Usage Policy

The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. The Company has the right to decide what constitutes a violation of the terms below:

Customer's use of traffic (bandwidth): Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. Additional traffic can be ordered for the given month, so that account suspension is avoided. No traffic can be transferred from month to month.
Customer's use of disk space: Customer's account disk space is limited in accordance with the Customer's hosting plan. The customer should pay fee for additional disk space consumed.
Customer's use of email service: The Customer should use the email and other related services in full compliance with the terms below:

1. Each Customer's account is allowed to send a maximum of 60 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
2. Each email sent by the Customer should have NO more than 10 recipients. Sending a single email to more than 10 recipients simultaneously is endangering the overall server performance.
3. The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 50MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
4. The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 50MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
5. The Company allows up to 20 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 20 times per hour is endangering the overall server performance.
Customer's use of Database Resources: Customer should use the MySQL database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.
Customer's Use of Shared Server CPU: The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
Customer use of Server Memory: The Customer account should NOT use more than 50MB of the server memory resources at any given time. Any account that is using more than 50 MB of the shared server memory is endangering the overall shared server performance.
Other Customer's account limitations: The limitations listed below apply to each Customer's account and failure by the Customer to comply with them will endanger the overall server performance:
1. No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
2. No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
3. No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.

In rare cases The Company may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if the Company decides that there is enough evidence that the violation will not be repeated and after a payment of a $50.00 re-activation fee.

Account Confidentiality and Integrity

The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.

The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.

The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.

Actions that Cause Harm to the Company
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.
Account content performance
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software. The specifications of the hardware and software are described in the Control panel (CPanel) for each account. It is Customer's responsibility to keep his/her content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.

VIOLATIONS OF ARGONAUTS ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

1.Illegal use: Argonauts services may not be used for illegal purposes, or in support of illegal activities. Argonaut reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of Argonauts service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).
3. Threats: Use of Argonauts service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of Argonauts service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of Argonauts service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters".
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Argonauts service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Argonauts service is in violation of this AUP.
10. Usenet SPAMing: Argonauts has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of Argonaut service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Argonaut or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
12. Copyright or trademark infringement: Use of Argonauts service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of Argonaut service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of Argonauts service for any activity which affects the ability of other people or systems to use Argonaut Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Argonauts will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. 17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Argonauts services could result in suspension service.
19. Third Party Accountability: Argonauts subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
20. Violation of Argonauts Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Hosting/Reseller Accounts. Virtual hosting/Reseller accounts found hosting this material will be subject to immediate cancellation without refund.
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination.
22. Adult Content: Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing only links to adult content will be immediately suspended. Argonaut will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note: Artistic nudity may be acceptable, but this is at the sole discretion of EHostPros.com.
23. Banned Scripts: The following scripts are banned from use on our shared and reseller hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. IRC Egg Drops, Proxy Servers, Mail Bombers, Anonymous Mailers, IP Spoofers, Port Scanners, nph-proxy,
UBB ( Ultimate Bulletin Board, all versions ), Ikonboard, Yabb (all versions), lstmrge.cgi,
FormMail, scripts and clones, Greymatter (gm.cgi), Cgi/Perl Content management systems,
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives, or any script that uses & processes a massive number of flatfiles or large flatfile databases.

Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account.
It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited.
Attempting to obtain another user's account password is strictly prohibited.
You must adopt adequate security measures to prevent unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Argonaut will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance
Argonaut accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Argonauts systems or networks. Argonaut reserves the right to terminate or limit such activities.

In rare cases the Company may be able to re-activate a Customer's account that has been suspended for violation of acceptable use policy above. This is done only if the Company decides that there is enough evidence that the abuse will not be repeated and after a payment of a $50.00 re-activation fee.

REPORTING VIOLATIONS OF ARGONAUTS AUP

Argonauts requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@argonautnow.now

If available, please provide the following information:

The IP address used to commit the alleged violation.
The date and time of the alleged violation, including the time zone or offset from GMT.
Evidence of the alleged violation.

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Argonaut may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings.
Suspend the Member's newsgroup posting privileges.
Suspend the Member's account.
Terminate the Member's account.
Bill the Member for administrative costs and/or reactivation charges.
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Argonauts reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Terms of Service (TOS)

Argonaut ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Argonaut Service constitutes acceptance and agreement to Argonauts AUP as well as Argonauts TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy) of Argonaut. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

a) Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Argonaut shall have the right to terminate all service set forth in this Agreement.
b) Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
c) Payments and Fees:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Argonaut.

Subscriber acknowledges that their hosting plans/domain registration will automatically renew at same price until you cancel.

Credit cards that are declined for any reason are subject to a $1.00 declination fee.
Service will be interrupted on accounts that reach 2 days past due.
Service interrupted for nonpayment is subject to a $20 reconnect charge.
Accounts not paid by due date are subject to a $10.00 late fee.

Accounts that are not collectable by Argonaut may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

d)Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. PayPal Subscription Cancellations: If you subscribed to our hosting plan with PayPal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. Argonaut does not host websites with cancelled subscriptions.
e) Third Party Software Products: The Customer can use third party software on his/her account only if it is compatible with the Company servers and is approved by the Company. The Customer's use of any third party software is at the Customer's own risk. The Company cannot be responsible for any third party software performance.
Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required. Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required.
f) Backup Policy: The Company act in good faith to create a backup copy of each Customer's account once a week. However, these copies are intended for the Company internal use only. The Customer is solely responsible for making backup copies of his/her web site and content. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website, databases and other content. The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.
g) Technical Support Usage: The Company provides Technical Support to the Customer at no additional fee only for hosting related issues. The Company has the right to decide what a hosting related issue is and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by the Customer for providing non-hosting related support are non-refundable. The Customer can requested technical support only by opening a ticket trough the Helpdesk system located in the Customer's area. The Company will have no liability to provide technical support if it is requested in any other way apart from the Helpdesk system. The Customer is solely responsible to use the appropriate Helpdesk category when posting a ticket. The Company will have no liability to respond to tickets opened in inappropriate categories. Customer must provide the Company with all information and access to facilities that the Company may reasonably require to provide the requested Technical Support. The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer's failure to provide any of such information. The Company will act in good faith to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result. The Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with the Company provision of Technical Support requested by Customer. The Customer should not abuse the Helpdesk system. Abuse of the Helpdesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the Helpdesk system may result in warning, Helpdesk access restrictions, hosting account suspension or possible hosting account termination with no refund.
h) Domain Names Policy:

Domain Names registration and management

The Company will register or renew any domain name on behalf of the Customer with a registrar selected by the Company. Customer's rights to any domain name registration or renewal are not granted by the Company, but are granted by ICANN, the registrar and the applicable laws.

Each domain ordered by the customer is registered on the name of the Company initially for faster registration purpose. Each customer can manage his/her domain registered or transferred to the Company. The access to the domain name management tool is granted after a customer's request. The customer can always change personal details from domain management tool. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.

Domain Name Transfers

The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that:
1. The domain name to be transferred is not in 'locked' Status.
2. The Customer has access to the administrative contact email for the domain.
3. The Customer can provide the Company with the domain EPP key code, applying to domains for which there is such a code.
4. There are more than 15 days till the domain name expiration date.
5. The domain name was registered for the first time more than 60 day ago.
6. The domain name has extension that the Company is able to register.

The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The Domain transfer fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to comply with the terms above.

Domain Name Renewals

When you register a domain name, the domain name is automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which you must deactivate if you do not want your domain name(s) to be automatically renewed.

EHostPros.com will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with ArgonautNow.com, at ArgonautNow.com then current rates. Thus, if you have chosen to register your domain name for one year, EHostPros.com will automatically renew it for one year. If you have chosen to register your domain name for two years, ArgonautNow.com will automatically renew it for two years, and so on.

If for any reason ArgonautNow.com is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card.

If you fail to renew your domain name, you agree that ArgonautNow.com may, at its sole discretion, renew your expired domain name on your behalf by charging additional fee.

If you do not renew domain during the Renewal Grace Period (10 days) your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay ArgonautNow.com a Redemption fee and redeem your domain name. The Redemption fee is currently $180 USD+ Renewal Fee and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period ArgonautNow.com will not be responsible for your domain name deletion by principle registry. We at ArgonautNow.com do not have any control on domain once it is deleted.

If you do not redeem your domain name prior to the end of the Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Note: All domain registration, renewal, transfer charges will be non Refundable.

i) Service cancellation, migration and refund policies:
A) Service Cancellation and Refund Policy

Service Cancellation by the Customer

Any service provided by the Company can be cancelled by the Customer with a cancellation request posted through the cancellation button located on the "My Products & Services > Services Product Details" page in the client area. The cancellation becomes effective 10 business days after the cancellation request is received by the Company. If a renewal payment is billed by the Company after a cancellation request is received but before the cancellation became effective it will not be refunded. You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.

You must have all account information to cancel. We do not cancel accounts via our Live chat, helpdesk or any other way due to security reasons besides the ones listed above. Non-usage of hosting account, account inactivity or if you moved to another host, phone requests will not constitute acceptance of any cancellation.

If a Web hosting service is cancelled by the client, the client is eligible for a refund on the following terms:

1. Web Hosting Accounts cancelled by the Customer more than 30 days after the initial payment are not eligible for refund.
2. If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used. Pro-rata Refunds are approved for accounts under 30 days of the date and time the original transaction was settled. ALL refunds after the 30-day period will be rejected.
3. We do not offer any kind of "money back" guarantee.
4. All overcharges or billing disputes must be reported within 15 days of the time the dispute occurred.
5. The Customer will be refunded the money s/he paid for the Web hosting account(s) excluding the Cancellation processing fee of $25.00 per account. Cancellation processing fee is always withheld in case of a refund.
6. If the Customer has registered a domain name during the initial hosting account order process the applicable domain name registration fee will be also withheld. The domain registrations fee is always withheld in case of a refund, even if this fee were waived at the time of purchase.
7. PayPal Payments method: ArgonuatNow.com does not refund payments made through PayPal or PayPal subscriptions for services after 30 days of original transaction. Refund processing charges of $25.00 will be applicable for all PayPal refunds.
8. Credit Cards : No refunds will be given on Credit cards after 30 days of original transactions. Refund processing charges of $25.00 will be applicable for credit card refunds.

B) Service/plan Migration Policy

Upgrade Policy:

ArgonuatNow.com launches new plans and offers from time to time. If you choose to upgrade from existing plan to the higher plan, there won't be any charges i.e. free cost.

Plan Degrade Policy:

If you choose to degrade from higher plan to lower plans, we will charge $15 non-refundable migration fee for degrade and plan cancellations charges also applicable.

Service Cancellation by The Company

The Company may cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable. The Company may also cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use.

j) Services Ownership
The person/organization, whose information is filled in My Details? Section in the Customer area is considered by the Company as the OWNER of the service. Initially this information is automatically filled by the Company using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership can be done at any time by changing the information filled in "My Details" section in the Customer area by the current owner. The owner is solely responsible for any change to this section.

The Company will contact the Owner in any event connected with the ordered service. The Company will also consider the Owner as the only one authorized to make requests to the Company connected with the ordered service.

This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true::

1. The Owner is the same as the Payer.
2. The Owner has contacted the Company and agreed that the ownership is transferred to the Payer.

In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the Company ownership policy.

Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above. The Company will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.

k) Choice of Arbitrator
The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator of the Company's choice. All decisions rendered by that arbitrator will be binding and final.
l) Terms of use change
ArgonautNow.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ArgonautNow.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
m) Indemnification:
ArgonautNow.com wishes to emphasize that in agreeing to ArgonautNow.com Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ArgonautNow.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ArgonautNow.com or the bringing of any claim against ArgonautNow.com by any third-party. This means that if ArgonautNow.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ArgonautNow.com, plus all costs and attorney's fees.
n) LIMITATION OF LIABILITY:
ArgonautNow.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ArgonautNow.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, ArgonautNow.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ArgonautNow.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@ehostpros.com. All complaints will be investigated promptly.
o) Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

1.A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

3. ArgonautNow.com takes no responsibility for any material input by others and not posted to ArgonautNow.com Network by ArgonautNow.com. ArgonautNow.com is not responsible for the content of any other websites linked to ArgonautNow.com Network; links are provided as Internet navigation tools only. ArgonautNow.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

4. ArgonautNow.com is not responsible for any damages your business may suffer. ArgonautNow.com does not make implied or written warranties for any of our services. ArgonautNow.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ArgonautNow.com
5.It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Thanks again for choosing ArgonautNow.com! We look forward to providing you with incredible service.

Revised: May-2009